Terms of Service

Acceptance of the Terms of Services

The following Terms of Service, together with all other policies referenced herein -such as Privacy Policy- or other documents to which they refer to constitute the binding legal agreement (this “Agreement”) between DIGITAL SIMPLY, 0 P.E.O. Sykia Corinth, Greece or it’s other subsidiaries (“Bloomer”) (collectively, “us”, “we,” or “Bloomer”) and you (“you” or the “User”) governing all use of the Bloomer online job board and market place (the “Platform”).

Acceptance of the Terms of Services

1. Bloomer provides the Platform as a market place on-line job board intended for any individual or entity, being a User that uses any aspect of the Platform (“User”) as either: (i) an entity that is accessing a Platform to post a job or utilizing the services offered by Bloomer from time to time to its Users (the “Service”) for any reason related to seeking candidates for employment opening (“Employer”) or (ii) an individual in search for employment openings in any capacity except as an Employer (“Job Seeker”). You may use the Platform and Service only for lawful purposes of self-employment or employment of candidates for your own needs within the stated context of Bloomers’s intended and acceptable use of the Platform.

2. Bloomer is the sole interpreter of the Platforms’ intended and acceptable use that enables you to utilize the Platform. If you are downloading, accessing or using the Service on behalf of an entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to take responsibility for use of the Platform and Service in compliance with this Agreement and indemnify Bloomer for your violation of this Agreement.

3. The profiles of Users contained in Bloomer’s search results are created by people over whom Bloomer exercises no control. We cannot guarantee that Users are who they claim to be. We do not confirm the accuracy or completeness or any Job Listing or other information submitted by any User, including the identity of such User. Bloomer assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing or other data and/or information available on the Platform.

4. Bloomer does not verify, endorse or otherwise vouch for any Job Seeker or Employer. Bloomer makes no representation concerning Job Seeker or Employer’s qualifications nor does it sanction potential Job Seeker or Employer. In the event of a dispute between you and any Job Seeker or Employer, you shall indemnify and hold harmless Bloomer arising out of or in any way connected with such disputes (including the recovery of legal costs on a solicitor own client basis).

5. If you are a Job Seeker you acknowledge and agree that:
- any resume, information, date, images, photo, materials or application information (“Profile”) that you post, display, submit or otherwise make available through the Platform is subject to this Agreement. Without limiting the foregoing, however, please note that by making any Profile through the Platform, you are requesting and authorizing Bloomer to make available your Profile to any Employer in the selected geographic location;
- You acknowledge that we and Employers on the Platform rely on the accuracy and completeness of all information provided during the registration process and completing your Profile and updated on the Platform, and you warrant and represent that all information provided to us and on your Profile is accurate, complete and not misleading and remains so;
- each Employer is responsible for any position or offer listed on the Platform (“Job Listing”) and Bloomer does not guarantee the validity of any Job Listing and Job Seekers should verify the validity of any Job Listing before taking any action affecting their current employment situations;
- Bloomer does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Platform for any or no reason;
- Bloomer assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing or information included in Bloomer’s search results.

6. If you are an Employer, you acknowledge and agree that: - when you respond to or contact a Job Seeker, you are sharing that information with Bloomer and asking us to share it with the Job Seeker;
- we and Job Seekers on the Platform rely on the accuracy and completeness of all information provided during the registration process and completing each Job Listing and updated on the Platform, and you warrant and represent that all information provided to us and on your Job Listing is accurate, complete and not misleading and remains so;
- we have no control for the content of the Profiles and Bloomer does not have any obligation to screen any Profiles, or to include any Profiles in its search results or other listings, and may exclude or remove any Profile from the Platform for any or no reason; and Bloomer assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Seeker that is included in Bloomer’s search results.

7. Your use of the Platform may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice suspending or cancelling your license to use the Platform.

Bloomer reserves the right to suspend or terminate your access and use at any time if Bloomer determines that you are in breach of this Agreement. Any termination shall take effect without prejudice to any damages that we might claim from you and your legal representatives, in compensation of the loss suffered as a result of any breach or otherwise provided under this Agreement.

Intellectual Property Rights

1. All (i) text on every page of the Platform, whether editorial, navigational, or instructional; (ii) logos, buttons, and other graphical elements on the Platforms; (iii) software including both client-side code and server-side code used by Bloomer to provide Services; (iv) color combinations, button shapes, page layout, design and all other graphical elements of the Platform (“Bloomer Content”), materials, methodologies, implementation plans or other intellectual property used during the provision of Services (“Bloomer Materials”), the Platform and all right, title and interest therein are the sole property of Bloomer or its licensors. Bloomer Content and Bloomer Materials are protected by copyrights, patents, trade secrets or other proprietary rights, some of them are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Bloomer. We have moral and registered rights in the Bloomer and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.

2. Except for the limited licenses expressly granted to you in this Agreement, Bloomer reserves for itself and its licensors all other rights, title and interest. By using our Services, you do not acquire any ownership rights to Bloomer Content or Bloomer Materials contained therein. All Bloomer Content remains our intellectual property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Job Seeker or any Employer. Without limitation to the foregoing, you may not reproduce, modify, display, sell, or distribute Bloomer Content or Bloomer Materials, or use them in any other way for any purpose. Bloomer reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Platform other than your User Content.

3. License to use by Job Seekers. Bloomer hereby grants you a limited, terminable, revocable, non-exclusive right to access and use the Platforms only for your personal use seeking employment opportunities for yourself, subject always to compliance with the terms of this Agreement. You agree that you are solely responsible for the content of any Profile you post to the Platform and any consequences arising from such Profile. Your use of the Platforms is a privilege. Bloomer reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4. License to use by Employers. Bloomer hereby grants you a limited, terminable, revocable, non-exclusive right to access and use the Platforms only for you and your affiliates internal business use seeking candidates for employment, subject always to compliance with the terms of this Agreement. This authorizes you to view and download the material on the Platforms solely for your personal use directly related to searching for and recruiting job prospects. You may not sell, transfer or assign any of the Services or your rights to use the Platform or any of the Services provided by Bloomer to any third party without the express written authorization of Bloomer. You agree that you are solely responsible for the content of any Job Listing you post to the Platform and any consequences arising from such Profile.

Account

1. You will need to register with Bloomer and set up an account to access the Platform as either a Job Seeker or Employer and to use the Service and select your own sign-in ID and password to gain access to accounts. All accounts must have a valid associated mailbox for receiving electronic text mail.

2. We also may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive. We may also release user information in the event we believe that you are in violation of this Agreement, or that you have used the Service to commit unlawful acts, or if the information is subpoenaed or otherwise requested by the authorities and/or if we deem it necessary and/or appropriate.

3. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address or social network profile) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Service to any third party. Bloomer is not responsible and disclaims all liability if your email is used improperly and falsely by a third party.

4. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.

5. You cannot transfer your Bloomer account another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Bloomer account.

7. Subject to limitations of the terms of your subscriptions, you can cancel specific Services or close your Bloomer account at any time and for any reason. To close your bloomet account, please contact Bloomer support team at [hello@bloomer.gr].

If your Services are cancelled or your Bloomer account is closed (whether by you or us) your right to use the Services stops immediately and your licenses end and we will delete your Content associated with your Bloomer account.

User Content

1. The Platform allows Users to post, submit, display, or otherwise make available on the Platform Job Listings, Profiles or any other information, images, messages, and other materials (“User Content”). Users may occasionally post User Content, including messages or statements that are misleading, deceptive, or downright wrong. Bloomer does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the Platform by Users. You acknowledge that by accessing the Platform, you may come into contact with content that you may find inappropriate and you acknowledge that Bloomet shall have no liability to you for such content.

2. Users must not post User Content or information that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any User Content that contains proprietary information, trade secrets or confidential information. User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or encourage or cause spamming or flooding.

3. You are prohibited from posting any User Content containing official identification information (whether your own or of another person) on the Platform, such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Including such identification information in any Profile may lead to identity theft and other adverse consequences, for which Bloomer holds no responsibility. Bloomer may remove such information but does not undertake any obligation to do so and undertakes no responsibility and disclaims all liability for posting of such information.

4. Although Bloomer has no obligation to do so, Bloomer may monitor User Content posted on the Platform and reserves the right to delete any User Content or portion thereof which violate the above rules, messages, topics that are unrelated to the specific portion of the Platform on which they are posted, advertisements, recruiting or other commercial messages, and any other User Content that bloomer deems in its sole discretion is inappropriate. If you believe a message violates our policies, please contact Bloomer immediately so that we can consider its editing or removal. Blooemr does not promise to remove any User Content and interpretation of whether User Content violates any Bloomer policy always remains within the sole discretion of Bloomet. blooemr reserves the right to disclose all User Content and other relevant information and the circumstances surrounding their transmission to any third party in order to operate the Platform and provide the Services properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests.

Rights to Use User’s Content

To the maximum extent permitted by law, you grant Bloomer an unrestricted, non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit User Content for any purpose relating the Platform, Services and its business. Furthermore, you grant Bloomer, its affiliates, and sublicensees the right to use your name and/or user name in connection with Bloomet Content. When you apply for a job through blooemr you are sending your User Content to Bloomer, and asking Bloomer to share that User Content with a third party.
You represent and warrant that:
(i) you own User Content posted by you on or through the Platform or otherwise have the right to grant the license set forth in this section,
(ii) the User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and
(iii) the User Content does not result in a breach of contract between you and a third party.
You agree to pay all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Platform. You agree to defend and indemnify Bloomer and its affiliates from any claims resulting from any content or materials you provide hereunder.

Change In Service and Terms

1. Bloomer may change the terms of this Agreement or modify or discontinue, temporarily or permanently, the Service at any time, for any reason, and without notice by notifying you of such changes by any reasonable means, including by registered email or providing a revised Agreement through the Platform. You agree that Bloomer shall not be liable to you or any third party for any modification or discontinuance of the Service. By using the Platform and/or any Service you agree that you are informed about the latest version of the applicable Terms of Services.

2. You are deemed by use of the Platform and Services after changes are made to this Agreement to have accepted and agreed to be bound by such changes.

Confidentiality

1. Users must maintain in confidence any written information that (“Confidential Information”): (i) contains personal information or, where applicable, details of the business of any of user; (ii) details the business of Bloomer; (iii) contains personal information of any Job Seeker; and (iv) is identified by either party as confidential and/or proprietary, other than information that the relevant party can establish:
(A) was in the public domain at the time it was disclosed; (B) was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or (C) was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.

These obligations continue in full force and effect after this Agreement ends.

2. Users must not:
(i) use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
(ii) disclose any of the Confidential Information, provided that each party may disclose Confidential Information that is required to be disclosed:
(A) by law or by order of any court or tribunal of competent jurisdiction;
(B) by any government agency, stock exchange or other regulatory body; or
(C) to its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.

3. If a User is required to make a disclosure of Confidential Information, that User must:
(i) to the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
(ii) only disclose Confidential Information to the extent necessary to comply.

Privacy & Data

1. You accept our Privacy Policy and agree that you will not do anything that shall compromise compliance with the Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Platform is concerned. We may amend the Privacy Policy on notice and at our absolute discretion, and by continuing to use the Platform you accept such changes.

2. Each party (as applicable) warrants and represents that it has adopted and implements a privacy policy in compliance with the requirements of all applicable legislation in respect of all personal data provided to the other party in connection with the Services or otherwise under this Agreement. Without limitation, all necessary consent shall be obtained by any Employer from individuals for the purposes of facilitating the performance of the Services.

3. In respect of any data stored, processed or controlled by Bloomer or otherwise on the Platform, the User acknowledges that the sole remedy shall be requiring Bloomer to use reasonable endeavours to remove such data, or restore lost or damaged data.

Disclaimer of Warranties

1. Bloomer does not guarantee traffic nor links on the Platform, Job Listings, Profiles or any specific results from the Services. You acknowledge that we are not responsible for the conduct or activities of any Job Seeker or Employer and that we are not liable for such under any circumstances.

2. Bloomer disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in search results or posted on the Platform by bloomer or third parties. Blooemr disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material relating to the Service or use of the Platform. Bloomer disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Platform or accessed through the Platform. Under no circumstances shall Bloomer be liable to you or any User on account of that User’s use or misuse of or reliance on the Bloomer Platform.

3. The platform, services, and all materials, information, user content, products and services included in the platform or any services are provided “as is,” with no warranties whatsoever, either express or implied. Bloomer and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Bloomer and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the Bloomer services and use of the platform. Bloomer and its licensors disclaim any warranties for any information or advice obtained through the platform or any services. Bloomer and its licensors disclaim any warranties for services or goods received through or advertised on the platform or received through any links provided by Bloomer.

4. You understand and agree that you download or otherwise obtain material or data through the use of the platform or any services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss or corruption of data that results from the download of such material or data.

Limitation of Liability

Under no circumstances shall Bloomer or its licensors be liable to any user on account of that user’s use or misuse of or reliance on the platform, arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (including any loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss) whether such claim is based on warranty, contract, tort (including negligence), indemnity, equity, or otherwise, irrespective of whether Bloomer or its licensors have been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the platform, from reliance or damage caused by information posted on the platform, from inability to use the platform, or from the interruption, suspension, or termination of platform (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the platforms or received through any links provided in the platform. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the platform or any information or merchandise that appears on, or is linked or related in any way to, the platform. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Without limiting the foregoing, under no circumstances shall Bloomer or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.